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Myth and reality (part 3) | Rabbi Shai Finkelstein
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Hello everyone. So we will start our
first the show is sponsored
in memory of Mel and Sylvia Davis.
So um we are obviously doing it for the
neshama.
So what we saw last time
was the really to try to find from
different sources
um
this source about the Maharami
Rothenburg. And we saw that it's not
that clear exactly
was he captured? Was he not captured? If
he was captured, did he really refuse to
be redeemed? Or he says it's okay. And
not only that, the Rosh, his student was
one of the not one of, he was appointed
to really what? Sign the deal. And then
the Maharami passed away in jail and the
Rosh realized that what?
He needs to get out of there, right? So
we spoke about the fact that the story
as we know it
which is what?
That the Maharami Rothenburg says no, I
refuse to be redeemed because you know,
the community will lose all its money
and I don't worth it and I I don't
deserve it.
We didn't find yet
a source for it.
Okay.
So now we are on page three.
And we are in the Yam Shel the
Maharshal.
So we are talking about the better 16th
century.
And um
he is dealing really
with the Mishnah in Gittin
that talks about ransoming the captives
and from there he mentions the story.
Now we are talking already about the
16th century.
The Maharami Rothenburg story was when?
Late 13th century. Maximum maximum early
early 14th century, but probably late
13th century. So we are talking about
much later.
So he says the following, page three.
Matnitin.
Ain podin et ha-shvuyim yoter mi-dei
dmeihem. So the says what? That you are
not allowed to ransom the captives more
than they worth. Now,
that's obviously
uh
I would say a very subjective uh que-
you know, definition because it depends
who you ask.
So he basically defines it by why? By by
by what? By selling them in the
marketplace for slavery. Which means you
take a person and say, "Okay, how much I
will get for him as a slave? 50 shekels?
Okay, that's what you are allowed to
what? To ransom him for, but more than
that, not."
We're to go into it too much.
Which means
the mission says that you are not
allowed to ransom the captives more than
they worth. Why? We play tikkun olam.
Now, what is tikkun olam?
Don't say fixing the world, but
basically to write to create some kind
of a standard. So, why do we do that?
Is that because of the sake of the
community?
Or for what? To prevent
more
kidnappings.
Because if I'm a kidnapper and I know
that for every Jew I will receive what?
$10 million.
Even if the community worth trillions of
dollars, you are basically encouraging
the kidnapper to what?
To do more. So is that for the sake of
the community or or is that in order to
what? To prevent more kidnapping?
Tashma
So, Levi ransom his own daughter for a
tremendous amount of money. 12,000
dinarim.
Am ar Amaye, so here is the proof that
what?
That you can
give more
than the value if you have the money.
So, it seems to be that the reason is
for the community because the community
will be poor, but if I will not be poor,
I have the money.
Go ahead and do it. So, the Gamara says
who told us that he asked the Rabbis?
You know, this is by the way a very
important rule. If you don't want to
hear the answer,
don't ask. Okay.
Okay, and we really we did not resolve
the issue. So, we still don't know why
the Mishnah said that you cannot ransom
the captives more than their value.
And the Tosafot made a question and the
Rosh
So, Tosafot brings a story from Ketubot
that for your own wife, if the first
time that your wife was kidnapped
and they ask for 10 times more than the
value, you can what?
You can give it.
So, it seems to be that what? That there
are no restrictions, right? So, he says,
"No, no, no. Ishto kegufo." Which means
if you are kidnapped
and they ask you for a million dollars
and you have it
no one tells you what?
Don't do it because for myself, I can
save myself the way I want. We are
talking only about what? Others. And
because his wife, your wife is like
yourself, so you can what? You can add
more money. So, still we don't resolve
the issue.
Vechan talmid chacham shenishba.
Beha
lo taknu Rabbanan.
If a talmid chacham was captured or was
kidnapped
the Rabbis did not tell you to what?
Not to give more than just the value. If
you want to give more
you can give more. Now, I understand a
little bit of nepotism, that's okay, but
we deserve it from time to time.
But the thing is is our favorite, is it
not nepotism? But the idea is what? Is
that if you have a
shinnishba, that he was kidnapped, you
are allowed to what? To ransom him even
more than the value.
Lefi
And he says that Rabbi Yehoshua, there's
a story that he went to ransom um a
child in prison that was in the Roman
time, and this child told him a pasuk,
and Rabbi Meir was so amazed by this
child, and he saw great potential, and
he paid more than its value. So says the
Mahari the Maharshal, here there is an
example for what? That you are allowed
to ransom someone more than its value,
and it's not only your wife, but also
talmid chacham. So, if that's true,
could the community ransom the Maharal
of Rothenburg
more than its value?
Sure.
Now,
the Gemara does not discuss if the
talmid chacham can say what?
No,
I don't want it.
From our perspective, we can do it.
But the Gemara did not discuss his
perspective, can he refuse?
R' Chinya Redasa Rambam Zichrono
Livracha She Katav B'Perek Chet
M'Hilchos Matnos Aniyim, that also seems
to be the opinion of the Rambam. That it
says Ein Podin Es Ha'Shvuyim B'Yeter Al
K'Dei D'Meihem Mipnei Tikun Ha'Olam.
Says you cannot ransom the captives more
than their value because of what? Sh'Lo
Yihyu Oyvim Rodfim Achareihem Lishbotam,
in order not to encourage their enemies
to kidnap them.
V'Im Kein Tikshalana Ee D'Amrinan
B'Perek Ha'Nizakin D'Rabbi Yehoshua Pada
Lo Oto Tinok B'Mamon Arbeh.
So then, if according to the Rambam, he
says what? That you are not allowed to
ransom the captives more than their
value. So, what does he do? What will
the Rambam do with the story that Rabbi
Yehoshua ransomed this child more than
its value. That's according that's
against what the Rambam says. So, he
says Yesh Lo Mar
Basically, he says that Talmid Chacham
that we know that he is a Talmid Chacham
is even more than a king. So, if a king
and a Talmid Chacham were captured, who
do you ransom first?
The Talmid Chacham.
If the king is also a Talmid Chacham,
>> You ransom him first.
>> It never happens, so don't worry.
So, the thing is
is what? Is that we The what? I'm sure
it was a joke, okay? Preference, joke.
So,
the thing is
the thing is is what? Is according to
the Maharsha, we have what? We have the
idea that Talmid Chacham because it's he
is so value valuable, so there is no
value for so it's under the definition
of the Halacha,
which means the value of the Talmid
Chacham is no value, and therefore it's
not
>> infinite value.
>> infinite Thank you. Value, which means
basically the restriction of the Mishna
does not apply on him.
Ve'eetna
If he's not a Talmid Chacham, he's not
there yet.
I agree. You are asking good question.
What's happen if I don't know the chief
of staff was kidnapped?
Okay?
Is he also someone like a Talmid Chacham
in terms of what?
Of importance and value. Okay? Or do we
do it really when you have a group of
people and let's say they caught five
Talmidei Chachamim.
So, what do you do? You give them a test
and anyone who scored more than 95 will
be ransomed and anyone who got less than
95 will not? So, obviously we have we
have issues like that. Yes.
>> I wanted to ask you a question.
Isn't the definition of a talmid hakham
subjective? Who makes that Who makes
that decision?
>> So, it seems to be what they say here
that it's someone who is known to us,
meaning he became like the posek for the
for example, the Maharami Rothenburg We
are talking about him. He was definitely
recognized by everyone as the authority.
Yes.
>> I think it's sort of related to the
other question. There's a loophole.
If a person is a talmid hakham, we value
that. But if you go into the market, I
don't know if they would value it. You
know, they want the guy who's stronger
and bigger and
uh able to lift heavy things. So, it's
kind of a difference in value from our
perspective and then we could maybe get
a bargain because the guy is uh
you know, not so strong. You know?
>> So, the the the interesting part is that
the enemies really through the
generations, they knew Yeah, they knew
that who are they who are they taking.
Um okay, and then it says "Ve'eidna"
and today in our time, says the
Maharshal in the 16th century,
uh
he says "Anshei Gomilei Hasadim be'eretz
Togarmah ve'hasmukhhim lahem"
Where is Eretz Togarmah?
Turkey.
So, he knows what's going on there and
he says "They have a custom to ransom
the captives
with more money than than their value."
"Ve'haynu dem mevatrim al dukhkayu
detzibura shel hem. Hashem yosef
askharam." "Ufe'ulatam lifnei Hashem
tzefun ba'olam haba." He says "They
should be blessed." However,
"Gam ba'avonoteinu le'et atah nitma'atu
Yisrael bagolah ve'yeish lakhus al yetar
hapleitah shelo tikabe gahalit Yisrael."
"Vegam le'et azot makpidim al Yisrael
isurim ve'inuyim lekhofam kedei la'avor
al hada'at vela'asot melakhah bashabbat
shelo letzorekh."
So, he says in today's world, we really
in a way ignore what the mission says.
And we try to pay to ransom the captives
even if it's more than their value. You
know why? Because they are being
afflicted.
And they are being forced to convert to
Christianity or Islam.
We are afraid that what did the
kidnappers will do what?
Will kill them.
When
there is such a risk for their lives,
you ransom them even more than their
value. By the way, just as a side note,
and we will get to the Rothenburg in a
second.
You know, I'm I'm sure that all of you
have in mind obviously the hostages.
>> Yeah, why? Why is it when the hostages
were captured that people were talking
about how the
Rothenburg refused to allow people to
redeem him and therefore you shouldn't
redeem this is what I heard.
>> Okay.
Um
>> That they That people just make things
up.
>> So no, there is a story about the
Rothenburg. I I wanted to talk about
this issue from a totally different
perspective.
You can see how
difficult it is
to derive any conclusions from this year
to the modern issue
of the hostages.
Here we are not talking about money.
We are talking about national security.
We are talking about releasing not
millions of dollars, but releasing
terrorists.
They are in jail not because they
crossed the street in a red light.
Most of the terrorists who were released
in all those deals I'm not criticizing.
I'm just facts facts
have blood on their hands, which means
they murdered Jews.
And they will do it again, as we all
know, and they did. Because they don't
have any other job.
That's the only thing they know what to
do.
So,
here we are not talking about are we
going to pay $2 million, $5 million, $3
million?
It's something totally different.
This is on a national scale.
Those issues were not discussed in the
Mishna.
We are talking about money and maybe
even sakanat nefesh, a life and
death and life issue, but for whom? For
an individual.
But not for the state, not for the
people, not for the nation. What I'm
saying is that when the hostages were in
in Gaza, and always, you know, people
start quoting from this Mishna, and I
was like,
you can't.
This is just a What do you say? Apples
and and oranges?
Here the issues are you need to do
statistically in a way, you know, if you
want to analyze this this this terrible
question, is that you need to see based
on the history of releasing terrorists
for different deals, what did they do?
How much and then the You know what's on
the scale? Not $7 million versus zero.
It's about what?
One Jew for 20 dead.
This is the question.
That's totally different.
Yeah. Yeah. Yeah, and that's where the
state of Israel basically creates
totally different question.
It sounds the same,
but it's totally different.
So, there are some fundamentals here
that we can learn from, but you can't
just copy paste.
Ah, there is sakanat nefashot, we should
do everything. Now, we we are talking
about something else here.
Okay.
And then he says
Shamati
He's in the 16th century, you remember.
Shamati
Maramin Rothenburg
oh
Here is our old style. Shayata fus the
Migdal Igsam Kamashani that he was
captured in this tower in Germany
for few years.
Viasat the Maramin
Sakigol and the government
of Germany or whatever that the prince
he asked the key lot of the communities
to pay a tremendous ransom for the
Maramin Rothenburg.
Vakaylo are you wasting your time?
And the communities wanted to to
ransom him.
Velo him near
the first time.
And he
did not let them do it.
Kiyama
and for the matter of showing you to
make them because he said what? Is it
Mishnah? You cannot ransom the captives
more than their value and therefore
don't ransom me with his crazy amount of
money that he is asking for. Now, stop
here for a second.
You know, I'm interested in the Halacha
but I'm also interested in the story.
This is the first testimony that we have
that he was captured that we already
had.
But the fact that what? That he refused
to be ransomed.
Now
what do you think about the testimony
that was written three centuries
after something happened?
And in centuries closer to that
that was not mentioned and not only that
exactly the opposite. The son of the
Rosh of Yuda, you remember him? Of Abena
Asher, Abena Asher was the talent of the
Maramin Rothenburg. He the son testifies
that his father was appointed to be the
guarantor for the deal.
And then he left Germany and went to
Spain. So, what do you think about such
a testimony?
Questionable. Let's put it like that.
Very questionable.
Now, it's questionable A because of the
time that passed.
A, B because of the halakha.
And that's what the Maharshal says,
"V'tamehani." I I'm surprised.
He was the halakhic authority known
for halakha, for Gemara, for parashah,
for everything.
And the communities are allowed to what?
To
ransom him for whatever money they can
come up with.
And if he was so humble,
so he didn't view himself as what? As
this halakhic
authority, and therefore he refused to
what? To be ransomed.
He says, "You want to be humble, that's
wonderful. But he says,
So he says, "I don't understand. Why
would he refuse? A, he is the halakhic
authority. B, even if you don't view
yourself as a halakhic authority, you
know that what? That you're going to not
be able to maximize your potential in
Torah learning."
As the Maharal of Rothenburg himself
writes in some of his teshuvot,
"I am now in a dark room. I don't have a
candle, and I don't
my books with me, so I'm just trying to
what? To write from my memory, but it's
probably will not be accurate." So he
himself knew that what? That by being
stuck there, he is losing on the Torah
that he can learn, and he can definitely
what? Teach. So
"I'm surprised," says the Maharshal.
So he says,
"I will tell you why the Maharal of
Rothenburg said no. He also knew the
Halakha.
But, he
basically thought that what?
That if he would say yes,
what do you think the prince will do?
Kidnap the next one in line.
And then, the community will come to a
time that they will have
no money.
So, this is why he refused.
He got Shmati. He also heard the
Maharshal
Shaya be that the two of them had to
post them at the Rosh tell me though
they know that all the Barack to the
Tila then it's all the Halakha
or the roof has to have it. He says, "I
also heard that this prince of Germany,
he wanted to capture whom?
The Rosh.
Rabbeinu Asher. And Rabbeinu Asher heard
about this conspiracy and what did he
do?
He fled. He ran away. Now,
the son,
the Rosh's son, Rabbeinu Asher,
what was his reasoning why the Rosh fled
to Spain?
Do you remember?
Be- because he was the guarantee. And
the prince said, "You are the guarantor.
You should pay even though the Maharama
of Rothenburg is already what? Dead."
So, it's not that he wanted to capture
the Rosh. He just wanted the Rosh to
what? To pay. So, the Rosh fled. So,
look what's going on here. The son, who
is the closest, he testifies the reason
the Maharshal,
who is three centuries later, never
obviously saw not the Rosh, not Rabbeinu
Asher, and definitely not the Maharama
of Rothenburg, and he also he is Shmati.
So, you can see how a tale,
a story,
is basically mitgalgel, goes from one
generation to another, and then they
build what?
The the reality of their own. So
interesting in terms of how stories
comes along.
Yeah, so we I I don't know if you were
here for the first two classes.
Okay, so we spoke about yet. So we the
that's the third that's the third class.
Yes, so
We have
that's what we have. Like everything
that is on those source sheets, that's
what I know exist. It might be that
there are more. I don't think so, but it
might. I don't want to say that I have
all the
sources.
So he says so therefore that's why the
Maharam of Rothenburg says, you know
what? I can't accept. I cannot be
ransomed because that will be a disaster
for generations to come.
So the Maharshal, 16th century, so now
we have a testimony about this story
that the Maharam was captured that I
think everyone agreed, but the fact that
he did not want to be ransomed, that's
was what? That's was in the Maharshal.
Now
the next the next story
is really Ba'alei ha-Tosafot Urbach.
Okay? Urbach with his monumental
work of what it's called Ba'alei
ha-Tosafot Agudatam Shitatam ve-Limudam
something like that.
He wrote about almost all the Tosafot
that exist.
Telling something about their
background, who were their students,
something about their methods and things
like that. By the By the way, highly
recommended to buy and to read.
Ba'alei ha-Tosafot shel Urbach. It's
called Ba'alei ha-Tosafot Toldoteihem
Hiburam ve-Shitatam.
Okay, that's the that's the name of the
book. It's Mosad Bialik.
So
he brings the following.
He says "Ve-ha-Maharam nitpas
lo rak ke-hote ela gam ke-mahti ke-ahrai
le-tenuat ha-briha kula.
Uvda zu yesh ba kedai le-hasbir et
kifuto shel Rudolf be-yahaso
la-Maharam."
He says the Maharam wanted to escape
Germany.
And as I said before, I think in the
first class
that he was probably on the way to
where? To Israel.
And he was caught where? In Italy.
By that the story that one of the
uh Jews who converted to Christianity
recognized him and then they extradited
him to Rudolph, the king of uh or the
prince of Germany.
And he says that that's is probably why
he was treated so harshly because
how dare you what?
Get away from Germany, leave Germany
without my permission.
So, he says I'm I'm sure I'm I'm sure
that what that the communities and other
rabbis and whoever tried to what to get
the Maharami Rothenburg
out of prison.
And you can also see that the Maharami
was aware that there are attempts to
what to release him from what he wrote
in one of his interpretations where he
says the
Zeraim and Taharot of Shelly, meaning my
interpretation for
Seder Zeraim and Taharot, which is part
of the Shas.
Basically, he says in his
interpretation, he says I
I will finish this when?
When I will be
released. So, the Maharami knows that
what that there is an attempt to release
him. He doesn't say what?
Don't.
He understands that he's needed.
So,
he says the feed
corn is still not three. He says based
on a
Christian writer
the Jews approached
Rudolph in 1288.
Um
20,000 mark. I don't know how much is
that today, but
if everyone anyone here is very quick
with AI,
uh do it because I am interested to see
how much 20,000 mark
12 1288.
Okay.
So,
they offered, which for me which means
it was recorded in the documents that
they found that the Jews offered Rudolph
20,000 mark to release their rabbi, the
Maharal of Rothenburg.
And also our Hukrim found some kind of
uh of hints to this discussion and
negotiation between the Jews and Rudolph
in our sources.
The what?
Uh-huh.
Okay. That's not that terrible. Yeah.
Yes.
That's it?
Uh, that's not a lot. I'm disappointed.
Um so,
yeah, but still yeah.
Uh
Right. Okay. So, that's uh
that's a serious money.
That's a serious money, but also by the
way, it just tells you about the wealth
of the community.
Communities.
Okay, so that's interesting.
>> 25 million USD.
>> Okay.
>> 20,000 cows.
>> Okay, so we are talking about a nice
amount of money. And but basically what
the Or Bach says is that not every chuva
that you can find that there is a
negotiation between Rodulf and the
communities it's about ransoming the
Maharal of Rothenburg. But
between all the documents that you can
find there is definitely was a
negotiation, but what you cannot find in
the sources that he want that he refused
to be ransomed.
>> Can I
>> Yeah.
>> Um
When does
it flip over
to
trusting Hashem
and saying
we need to do what is right now, what is
correct,
and Hashem will come in and
do whatever is done after, but not only
was I hearing that oh, the community
might be poorer or just for that it's
like
it's very complicated.
>> It's complicated, but that's what we
need to do. We can't just say okay, we
will do whatever and Hashem will take
care of it. You not You must make
>> But how do you when does it flip over to
>> This is a question of hashkafah. We're
not going to address it now. I mean, I I
don't know. Some people live their lives
we will do what we will do and Hashem
will take care of it. But here you are
you are going to tax Jews. You need to
come up with a decision. You can't tell
a Jew that you tell him okay, you know,
until now you paid $50,000 in taxes, now
I'm asking you for $120,000 because I
need to save this rabbi and don't worry,
God will take care of you.
He will tell you if you are God, take
care of me. But you know, you need to
explain it to him. So it's much more
than just a the hashkafah.
But now I want to surprise you.
Because a nature of the story as we as
we saw So the entire story of the
Maharal of Rothenburg
My goal is not to burst your bubble. If
you want to believe that the Maharal of
Rothenburg was captured and he didn't
want to be ransomed, then that's the
story.
Okay.
You can go to sleep nicely and nothing
will happen.
Because I have
a little bit of a head of a researcher,
I I I want to know the story. So, this
story is questionable bit.
But then definitely he was captured.
That's for sure. What happened to him?
Did he refuse? Did he die before they
were able to ransom him? I tend to
believe more
to the story that we saw by Rabbi
Yehuda, the son of the Rosh, who
probably heard it from whom?
From his father. And his father was
At least he was a talmid of the Maharal
of Rothenburg, that we know for sure.
And he was close to the story in time in
time and in closeness to the Maharal of
Rothenburg. Okay.
>> He would have visited him in prison?
>> Sure. There are two books that the Rosh
went to the Maharal of Rothenburg.
Some stories
are
tainted with another story that is very
similar to it.
By the way, I'm I'm thinking about this
story that I'm going to tell you and I'm
also thinking about another story that
you are all like uh
for sure think that it definitely
happened, you know.
Rabbi Amnon of Mainz.
On the Unetaneh Tokef, right? If I'll
ask you who wrote the Unetaneh Tokef,
you will immediately all answer me
together
Rabbi Amnon of Mainz. And Mainz is
where?
Germany, right? And all the story
happened in Germany, right? And he, you
know, he after 3 days everything was cut
and you know, he was the one to
uh compose the the tefillah or he was
the first one to say it, the Han.
Okay. So,
the seder.
Maybe before Chagim remind me. Be'ezrat
Hashem and we'll talk a little bit about
that story. Again, it does not take away
from the message.
I am talking about the authenticity.
Okay, so two different things. Okay.
So,
do we find another very similar story
in the 12th century in France?
That's a century before the story of
the Maharil of Rothenburg.
Cuz he was captured around 1280 plus.
12th century we're talking about
11 to 1199. Okay, so it's a century
before.
So,
first let's start with the Gemara.
The Gemara says the following in
Brakhot. Rav Ashi am "Kivan she mutar
alav likavro kimutal lefanav dami
shenemar "Vayakum Avraham meal pnei
meto." This is really our parashah.
Nimar "Vayikaber metim lefanai." Kol
zman she mutar alav likavro likavro
kimutal lefanav dami. We know we have
two different stages. We have aninut,
that's between what? Death and burial.
And then we have avelut that starts at
the minute that the burial is over. So,
all the time that you are onen you are
exempt from positive commandments,
right? Okay, good. Why? Because it's
considered like met o mutal lefanav,
like the dead is like lying in front of
you and therefore you are exempt from
all those positive commandments. Good.
Take a look at the Sifrut.
Adam she'eino yakhol likvor meto, a
person who cannot bury his loved one.
Lama?
Kigon
adam shemet bebeit ha'asurim,
a person who died where?
In jail.
Ve'ein hamochel maniakh likavro.
And the governor
does not allow you to what? To bury him.
So, he died in prison and he does not
allow you to bury him.
Why? Because he wants what?
Money.
So, what do you do?
There is no burial. So, what? He's going
to be onen until
2 years from now?
Meaning he will not put fillin, he will
not say Brakhot, he will not go and
govern for 2 years.
Sister
says no, no, no, no, no. He can do mix
what?
Even though he did not yet what?
Bury him. Why?
Because it's not considered like he is
responsible to bury him. Why?
Because he can't ransom him.
Maybe he can, but he just what?
Can't afford it.
He says because it says if you basically
lost hope to bury him
he's not your responsibility anymore and
you are obligated in all the mix what?
Um.
Just as a side note.
I don't know if you remember but the
Arab
You remember the navigator?
Okay, many, many years ago.
So after like 10 or something years they
have a new basically told his wife
um
tomorrow
I don't
um that hey that she can get this
chicken married now. She didn't ask if
she can say
or not, but the idea is that we lost
hope
that we'll find him.
So
a modern issue that happened
he was captured in 1982 I think if I'm
not mistaken. 86 to the Lebanon war.
So I think the first Lebanon war. The
first Lebanon war was at 1982 if I
remember correctly.
October 86, thank you.
So
and then new
built worship for so Michelle got a new
to no higher
the little dominant to me to go over to
some in no go over. So the first one
says that what that there is sometimes
there is a case that the moshel, that
the governor, will not allow you to bury
your dead even if you will pay money.
Why?
In order to cause you more pain. He
knows that the Jew wants to bury his
loved one, so he will not allow it.
Says Beit Habechira Lameiri. So now we
are in Rabbi Menachem Hameiri.
He is in the late 13th century,
beginning of the 14th century, in what
we call Perpignan, which is Provence. He
says,
But Tosafot katvu shebeimeihem, so he
brings the Tosafot
that says in their days, Tosafot are
where? In
France.
Mostly in the 12th century.
Says Echad Rabbeinu Gedoleihem, that it
happened to one of their what?
Gedolim, which means one of their rabbis
of Tosafot. She'tifso shilton,
that the governor captured him or
kidnapped him. Vemet batfisa, and he
died in prison. Velo natnu likvura, and
they didn't allow him to what? To be
buried ad sheyitnu lo mamon harbeh.
Until he will get
a nice ransom. Shelo haya safek beyadam
bakach.
And they didn't have it. Vegam afilu
haya safek beyadam, ayu osrin pidyon ze
leatzmam beyoter mikdei raui mipnei
tikun olam.
And even if they would have the money,
they would not do it. Why? Because
the Mishnah says, you cannot ransom the
captives more than their value. And then
he says, Vehu Rubba, she'afilu bechein
ein ze karui nityashu leinyan sheyakhol
avelut.
Shemikol makom,
ein ze yush.
Legamrei.
O
ilu Umikol makom mitzad acher oru binyan
ze she'eino karui mutal lefanav le'osro
babasar veyayin o ilu eino mutal achshav
likvuro. So Tosafot is dealing with the
issue, if I am not going to ransom him,
because I don't have the money, can I
start my avelut?
Why? Because there's no way I'm going to
get him, so aninut is over, but what
about avelut? Okay?
I'm not going to go into these details.
I am more interested in what?
The story.
Toss what is telling a story
that in France one of the latest thought
was captured
and
died in prison
and
they did not have money to ransom him
and even if they would
they would not. They will not release
him.
Now, this is obviously a contrary story.
Right? Because in Germany the story was
that what?
That they wanted to ransom him.
And then he just died in prison
according to the Rosh.
So, sometimes you can have stories that
have the same
storyline
but the outcome or the or the results or
the end is very different and then with
years the stories are what?
Are basically emerge. Yes.
>> Was that a common thing in the Middle
Ages, too? Kidnapped to capture Jewish
people and ask I mean this was like a
common place thing?
>> Mhm.
>> You had to worry about being kidnapped?
>> Oh, yeah. And also in the time of the
Mishnah, especially in the time of the
Romans later on. Sure. Yeah.
Jews were kidnapped and captured and
yeah.
>> And how would you
determine value? You talk about slave in
the marketplace, but you talk about a a
corpse. I mean how do you value a
corpse?
>> Very good question. By the way, again
another modern state of Israel question.
Um it was after the second Gaza war or a
third, whatever it was, 2000 I think and
six.
So, until Philadelphia
there was an explosion and and
some soldiers were basically were killed
and
the body parts were all over and they
sent
a a pluga, a unit to try to what?
To find the body parts risking their
lives.
And there was a big question. Should I
risk my life for what? For
body parts. Not if it's for a real for a
living person, that's one thing. But the
question is about what? Is about body
parts.
So, that was a major question. Again,
what's the So,
obviously a value of a dead person is
I mean, much less than a value of a
living person. But here, because it's
the state of Israel and because it's the
army and because we want to show our
enemies that we are exactly the opposite
from them, do it This is also a value.
So, how do you value a value?
That's That's one of the things that we
have here in the state of Israel which
we never ever really
um met. I mean, questions like that.
Yes.
>> In this war, it got so skewed that they
would take in staff to identify bodies.
Shamash, we would take bodies out and
and be accused by the world of stealing
our bodies. That also happened.
>> And
>> And and those who went in to identify
some were injured.
>> So, this is where
that that question it's a moral question
on both ends, by the way. You know,
sometimes to be too moral and it
endangering yourself, it's also
immoral.
You with me?
Those are the real questions.
With all due respect, that was discussed
until now because we didn't have it.
So,
again, we can derive some fundamentals,
but we can't we can't derive all the
answers. Yes.
>> I mean,
Hatzalah from Gush Etzion risked his
life by going into very unsafe areas to
rescue dead soldiers in 1948.
>> Yeah. Maybe he felt that this is where
you have the Avot Am Yisrael. I mean,
there is a lot to discuss. Look,
when you are in the army and you have
this feeling of brotherhood and when you
send your kids to the army, you expect
the state to do everything they can and
and the soldiers themselves basically uh
they know that they can totally trust
what? Their friends that they will do
everything
to save them.
Um and it was also interesting that some
of the soldiers, you know, wrote, "If I
was If I'm going to be captured,
don't release anyone for me." So, you
had
It's always like that. You have people
who says, "Do everything in order to
save me." And the
and I'm not here, you know, it's not
about it really I I just want to be
clear. It's not to judge anyone,
but I'm just saying that
op- all the opinions must be heard.
And I think that
really at the time of the hostages, I
don't think there was um
I was hoping that after the hostages are
back, that there would be a real direct
honest discussion
about situations like that.
>> Well, you have the airline.
The airline does this with the Dubai
>> Oh, they fly Dubai?
>> They they fly Dubai. The question was,
are they going to knock them out? Or are
they try going to try to save them? And
if things hadn't happened for Hashem,
they did happen, there could have been a
lot of dead people.
>> That's just
>> We could have had to do that.
>> Right. Just imagine. I mean, the the
thing was Yeah, I I will say if the Fly
Dubai flight, whatever, if those
Israelis, brave Israelis, will not be
able to basically naturalize the
the terrorists
and the airplane would come into Israeli
air
space,
they will send an F-16
to shoot it down.
Knowing that they are going to kill
all
everyone who's on the airplane. But that
was
in order to save what? That that this
airplane will not crash into
Ben Gurion Airport
or army base or I don't know, a
neighborhood and kill
hundreds of people.
Can you imagine being the pilot in this
F-16?
>> Same America had it 9/11.
Same thing.
They
>> you know they were
ready to shoot down a plane if they
thought it was going to go into the
capital.
>> So
these are different
I mean I will say it again for the first
time I think these are totally different
questions.
They didn't address it because it didn't
exist.
It just did not exist. We are not a
nation. You don't have a country. You're
not talking about national security.
You're talking about individuals.
That's the also by the way this is where
um
sometimes I feel that um
that what some people don't understand
some sectors in in the society is that
we are not talking only about
individuals anymore.
Or even communities. We are talking
about
a nation.
And a nation has different rules.
You can't compare the needs of a nation
or expectations of a nation to an
individual.
As
great he or she can be.
>> Every situation though can be different.
So the one will be one way one time will
be one way. Another time will be a
different way because
there's no way he makes that call.
>> Selling a stand?
>> What? And and that's what I'm saying. I
was hoping and I obviously was
disappointed. Um I didn't hope too much
because and that's why I'm not that
disappointed. But really after the
hostages came back
I thought that there will be a real
honest conversation with rabbis
philosophers
policy makers army people government
people sitting around the table.
Not when you have the pressure of the
hostages. They're all back. I mean
the people who were able to survive are
back.
And then really to have a conversation
about what we'll do next time.
There is a next time.
Hashem but there is need to be a
discussion as a nation
what do we do?
I'm not talking about the families. The
families can do whatever they think fit.
No one should say anything to the
families.
So here the this is that's what I
thought
after they are back. And it's not a
political issue, it's an ethical issue,
it's a is a Israel national security
issue.
So I
Oh no, no, I'm not saying to put it to
you know out there, but for us as a
policy. And look, you know what? Some
people would say if if the end of the
day the policy is we not going to give
one terrorist, forget it.
Maybe it will deter them from doing so.
Some people will say exactly the
opposite, they don't really care, they
will kill them. Right? So obviously
no one has a solution. But some kind of
an honest discussion, a good discussion
not under pressure
was never really done. Um by the way,
again as a side note in terms of
history, we I mean Sinwar and Marwan
Barghouti
was the one who was released in Gilad
Shalit.
So I
I just picked this example, we can find
every example for everyone. I mean
All right, now
Right. So
on this optimistic note,
we are going to continue for the last
uh show the next time because of the
shame because we need to finish it up.
But for now,
the story of the Maharal of Rothenburg
is
questionable.
Is it questionable?